Motion Types Legal Issues

What is a Demurrer?

Most Useful Demurrer Examples

Recent Examples of Demurrer

1-25 of 500 results

LEONARD BLATT V. RENA FELICIA SMITH, ET AL.

Nature of Proceedings: Demurrer Tentative

  • Hearing

    Feb 25, 2020

ROBERT FOOTE, ET AL. V. ROY SCHRADER

Nature of Proceedings: Demurrer to Complaint Tentative

  • Hearing

    Feb 25, 2020

ANDRE NEUMANN V. GISELA H. NEUMANN, ET AL.

Nature of Proceedings: Demurrer to Cross-Complaint Tentative

  • Hearing

    Feb 24, 2020

ILAN BITTON VS TYLER THORNTON, ET AL.

... Demurrer Moving Party: Defendants Tyler Thornton and Sunfire Nutrition, LLC Resp. Party: Plaintiff Ilan Bitton Defendants’ demurrer is OVERRULED as to the first and third causes of action. Defendants’ demurrer is SUSTAINED without leave to amend as to the second cause of action. Plaintiff’s request for sanctions is DENIED. BACKGROUND: This case concerns the breach of an agreement to form a new business e...

...intentional interference with business contracts; and (5) negligent interference with prospective economic advantage. On January 21, 2020, Defendants Tyler Thornton and Sunfire Nutrition, LLC filed the instant demurrer to the first, second, and third causes of action in the FAC. Defendants demur on the grounds that the first, second, and third causes of action fail to state facts sufficient to constitute causes of a...

  • Hearing

    Feb 21, 2020

PATRICIA D'EGIDIO VS SOUTH COAST COMMERCIAL ELECTRIC, INC., ET AL.

patricia d’egidio, Plaintiff, v. south coast commercial electric, inc., et al., Defendants. Case No.: 19BBCV00316 Hearing Date: February 21, 2020 [TENTATIVE] order RE: demurrer; motion to strike BACKGROUND A. Allegations of the Operative Complaint Plaintiff Patricia D’Egidio (“Plaintiff”) alleges that she was hired by Defendant South Coast Commercial Electric, Inc. (“SCCE...

...provide accurate itemized wage statements (Labor Code, §226); (8) wrongful discharge; (9) harassment (CCP §527.6(b)(3)); and (10) retaliation (Labor Code, §1102.5 et seq.) B. Relevant Background and Demurrer/Motion to Strike on Calendar The FAC was filed on May 28, 2019 and alleged causes of action for: (1) negligence; (2) unfair business practices in violation of Business & Professions Code, §17200; (3)...

  • Hearing

    Feb 21, 2020

TIMOTHY MCADAM, ET AL. VS JAY DE MIRANDA, ET AL.

...Strike Moving Party: Cross-Defendants San Pasqual Fiduciary Trust Company and Timothy McAdam, co-trustees of the Charles L. Weber Family Trust Resp. Party: Cross-Complainant Robert Hanisee Cross-Defendants’ demurrer is SUSTAINED with leave to amend. Cross-Defendants’ motion to strike is denied as MOOT. BACKGROUND: This case concerns money in a trust that was allegedly distributed to the settlor/trustee’s busin...

...co-trustees of the Charles L. Weber Family Trust (“the Trust”) filed the instant demurrer to, and motion to strike provisions of, Hanisee’s cross-complaint. ANALYSIS: I. Demurrer A. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party’s pleading. It is not the function of the de...

  • Hearing

    Feb 21, 2020

ALLIED HEALTH RESOURCES, INC. VS ALAN E MALKI, MD

...amend. Background: Plaintiff Allied Health Resources, Inc. filed its complaint against defendant Alan E. Malki, M.D., asserting seven causes of action. On November 22, 2019, the court sustained Malki’s demurrer to the complaint with leave to amend. On December 6, 2019, Allied filed a first amended complaint (FAC) asserting a single cause of action for trade libel. Allied alleges: On October 7, 2015, Allied ...

...contends the four alleged statements are protected by the common interest privilege and they constitute his opinion of Allied’s personnel and statements of opinion are not actionable. Allied opposes the demurrer. (The opposition was filed and served late. It was due nine court days before the hearing. CCP § 1005(b). Because of two intervening court holidays, that was February 6. The opposition was filed and s...

  • Hearing

    Feb 21, 2020

ALLISON ARMOUR VS BRUCE TAMAO HAYASHI ET AL

Nature of Proceedings: Demurrer and Motion to Strike TENTATIVE RULING: (1) The demurrer of defendants Bruce Tamao Hayashi and Janice Hayashi to the third and fourth causes of action of the first amended complaint of plaintiff Allison Armour is overruled. (2) The motion of defendants Bru...

...2019, the Hayashis filed this demurrer and motion to strike portions of the FAC. The demurrer and motion to strike are opposed by Armour. Analysis: (1) Request for Judicial Notice In support of their demurrer and motion to strike, the Hayashis request that the court take judicial notice of the City of Santa Barbara building permit for the installation of the water tanks on the Hayashi property. (Request fo...

  • Hearing

    Feb 21, 2020

RONALD AULD VS VALLEY PRESBYTERIAN HOSPITAL

...On April 25, 2019, Plaintiff filed a late First Amended Complaint (“FAC”). Defendant’s demurrer and motion to strike were heard on May 8, 2019. The Court ordered the FAC stricken, sustained Defendant’s demurrer in part, and granted Plaintiff 20 days’ leave to amend. Plaintiff did not file a Second Amended Complaint (“SAC”) until July 29, 2019. On December 18, 2019, Defendant filed a motion to dismiss statin...

...SAC by looking at the case index. Plaintiff filed a very late opposition pointing out that Defendant did not file this motion to dismiss until seven months after the hearing on its demurrer. Where a demurrer has been sustained with leave to amend, but no amendment has been made within the time allowed by the court, the court may dismiss on motion of either party. (Civ. Proc. Code, § 581, subd. (f)(2).) Th...

  • Hearing

    Feb 21, 2020

ST. GEORGE WAREHOUSING & TRUCKING CO. OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, ET AL. VS JOSE CARDENAS, ET AL.

...warehousing & trucking co. of california, inc. and Apple zebra cfs, llc, Plaintiffs, v. JOSE CARDENAS, et al. Defendants. Case No.: 19STCV14034 Hearing Date: February 21, 2020 [TENTATIVE] order RE: Demurrer to first AMENDed COMPLAINT BACKGROUND A. Complaint Plaintiffs St. George Warehousing & Trucking Co. of California, Inc. (“STG”) and Apple Zebra CFS, LLC (“AZ”) (collectively, “Plaintiffs”) commence...

...loss rule does not excuse Plaintiffs from predicating this cause of action on an independent duty in light of more recent California Supreme Court case law (e.g. Erlich and Robinson Helicopter). STS’s demurrer to Plaintiffs’ third cause of action is sustained without leave to amend. B. Fourth and Fifth Causes of Action STS claims that Plaintiffs’ fourth cause of action for fraudulent misrepresentation and...

  • Hearing

    Feb 21, 2020

CLAIRE LEVINE VS SYLVESTER STEWART, ET AL.

...the Court overruled Defendant’s demurrer to the FAC on the basis of standing and statute of limitations; overruled the demurrer as to the abuse of process claim; and sustained with leave to amend the demurrer as to the malicious prosecution, infliction of emotional distress and declaratory relief causes of action. On November 27, 2019, Plaintiff filed a Second Amended Complaint (“SAC”) for (1) malicious p...

...through the wrongful use of civil proceedings.” (Id. at ¶ 75.) On February 6, 2020, the Court sustained the demurrer to the SAC without leave to amend for the malicious prosecution claim and overruled the demurrer to the SAC for the abuse of process claim. Before the Court is Plaintiff’s motion to compel verified responses, or in the alternative, compel further responses, to special interrogatories set one. A...

  • Hearing

    Feb 21, 2020

PHILADELPHIA INDEMNITY INSURANCE COMPANY VS 38700 10TH STREET EAST, LLC, ET AL.

philadelphia indemnity insurance company, Plaintiff, v. 38700 10TH STREET EAST, LLC & CSE SAFEGUARD INSURANCE COMPANY, Defendants. Case No.: 19STCV31707 Hearing Date: February 21, 2020 [TENTATIVE] order RE: Demurrer to CROSS-Complaint BACKGROUND A. Complaint Plaintiff Philadelphia Indemnity Insurance Company (“Philadelphia”) commenced this action against Defendants 38700 10th Street East, LLC (“38700”) and CSE...

...declaratory relief action, 38700 can attempt to prove that the amount paid in settlement for covered claims was unreasonable because of the settlement’s allocation of attorney fees. CONCLUSION Philadelphia’s demurrer to the XC is SUSTAINED WITHOUT LEAVE TO AMEND.

  • Hearing

    Feb 21, 2020

ALLISON ARMOUR VS BRUCE TAMAO HAYASHI ET AL

Nature of Proceedings: Demurrer and Motion to Strike Tenative not yet posted, please check again.

  • Hearing

    Feb 21, 2020

BROXTON VS. WHIRLPOOL CORPORATION

...the Answer of Whirlpool Corporation is OVERRULED as to the 1st, 6th – 8th, 12th, and 23rd affirmative defenses, SUSTAINED with 15 days leave to amend from the date of service of notice of ruling on this demurrer as to the 2nd – 5th, 9th – 11th, 13th, 15th – 22nd, 24th – 27th, 30th – 35th and 39th affirmative defenses and MOOT as to the 28th and 29th affirmative defenses. Plaintiffs’ request judicial notice is...

...court's attention to such papers.”) Accordingly, the request is DENIED. Meet and Confer Though the parties were unable to meet and confer in person or telephonically prior to the filing of the instant demurrer, the Declaration of Ghnouly attests to sufficient attempts, including a lengthy meet and confer letter, the cumulative result of which is compliance with Code of Civ. Proc. § 430.41(a)(3)(B). (Ghnouly...

  • Hearing

    Feb 20, 2020

JEFF PERRY VS ERNEST TILL

...of emotional distress, violation of Usury Laws – loansharking, cancellation of written instruments – Civil Code §3412, rescission of written instruments, injunctive relief, and declaratory relief. (1) DEMURRER TO COMPLAINT INTRODUCTION Till demurs to the first cause of action for breach of contract in Perry’s complaint. Till argues Perry failed to allege sufficient facts to constitute a cause of action fo...

...the contents of the pleading and such matters as may be considered under the doctrine of judicial notice’ [Citations]; The allegations of the pleading demurred to must be regarded as true [Citations]; a demurrer does not, however, admit contentions, deductions or conclusions of fact or law alleged in the pleading [Citations], or the construction placed on an instrument pleaded therein [Citation], or facts imp...

  • Hearing

    Feb 20, 2020

MCM INTEGRATED SYSTEMS, INC., A CALIFORNIA CORPORATION VS INTEGRITY SOLUTIONS, INC., A CALIFORNIA CORPORATION D/B/A OMIDI ENTERPRISES, ET AL.

# 10. MCM Integrated Systems, Inc. v. Integrity Solutions, Inc., et al. Case No.: 19CMCV00264 Matter on calendar for: Demurrer to FAC Tentative ruling: Background Plaintiff MCM Integrated Systems, Inc., alleges that Defendants Integrity Solutions, Inc., and Barzin Omidi, an officer of Integrity, hired Plaintiff to install ...

...Contract; Promissory Fraud; and Common Counts Defendants now demur to the FAC. An opposition and reply have been filed and considered. For the reasons set forth below, the Court finds as follows: Standard A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, ...

  • Hearing

    Feb 20, 2020

JUANA ANDRADE VS RAFAEL C CABRERA

Andrade v. Cabrera, et al. DEMURRER (CCP § 430.31, et seq.) TENTATIVE RULING: Defendant Rafael C. Cabrera’s Demurrer to the Complaint is OVERRULED. Defendant TO FILE AND SERVE AN ANSWER WITHIN 20 DAYS’ NOTICE OF THIS ORDER. ANALYSIS: On September 27, 2019, Plaintiff Juana Andrade (“Plaintiff”) filed the instant ac...

...February 6, 2020. Discussion The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Park Decl., ¶4.) The Demurrer is also accompanied by a request for judicial notice of the following: The entire court record in Juana Andrade v. Rafael C. Cabrera, EC062960 (the “EC Case”); That the EC Case was dismissed by the ...

  • Hearing

    Feb 20, 2020

JOSE ARREOLA ET AL VS SNS INVESTMENT LLC

...2) OPPOSING PARTY: All Plaintiffs TRIAL DATE: June 9, 2020 PROOF OF SERVICE: OK MOTION: Defendant’s Demurrer to the Complaint OPPOSITION: February 4, 2020 REPLY: February 13, 2020 TENTATIVE: RES’s demurrer to the fourth and sixth causes of action are OVERRULED. In opposition, Plaintiffs stated they “do not oppose dismissal without prejudice” and thereafter state they “request dismissal without prejudice...

...causes of action. (Opposition, 5:6-11.) In order to dismiss without prejudice, Plaintiffs need to file a request for dismissal. Unless such a request is filed prior to the ruling on this demurrer, the demurrer to those causes of action will be SUSTAINED with leave to amend. Plaintiffs are to provide notice. BACKGROUND This action arises out of Plaintiffs, Jose Arreola, Maria Roman, Damian Roman, Gizell Mo...

  • Hearing

    Feb 20, 2020

HURD V. KIA MOTORS AMERICA, INC.

A) Demurrer Defendant Kia Motors America’s (“Defendant”) Demurrer to the 6th Cause of Action for Fraud by Omission is SUSTAINED with leave to file a First Amended Complaint within 15-days of the hearing. Plaintiff Barbara R. Hurd (“Plaintiff”) has failed to state fa...

...issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the ...

  • Hearing

    Feb 20, 2020

TROY TRANG, ET AL. VS CC ROYAL SERVICES INC., ET AL.

...(18PSCV00192) ______________________________________________________________________________ Plaintiffs Troy Trang’s and Ling Yin’s DEMURRER TO DEFENDANT [SHU] WANG’S AMENDED ANSWER Responding Party: Plaintiff, Troy Trang and Ling Yin Tentative Ruling Defendant Shu Wang’s Demurrer to Plaintiffs’ Third Amended Complaint is SUSTAINED without leave in part (i.e., as to the seventh affirmative defense) and otherwise OVERRULED. Background This matter arises out of Defendant Shu Wa...

...showing some essential allegation of the complaint is not true, such facts are not ‘new matter,’” but only a traverse.” (State Farm Mut. Auto. Ins. Co. v. Superior Court (1991) 228 Cal.App.3d 721, 725.) A demurrer to an answer may be made upon any one or more of the following grounds: (1) The answer does not state facts sufficient to constitute a defense; (2) The answer is “uncertain,” i.e., ambiguous or uninte...

  • Hearing

    Feb 20, 2020

VINEYARD V. OC ANIMAL CARE

...Defendant County of Orange demurs to the fifth cause of action in Plaintiff Brandon Vineyard’s Complaint. For the following reasons, Defendant’s demurrer is sustained with leave to amend. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, n...

...allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from the matters alleged or are proper s...

  • Hearing

    Feb 20, 2020

MARTIN RAMIREZ , ET AL. VS GENERAL MOTORS, LLC , ET AL.

...THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT MARTIN RAMIREZ, et al., Plaintiffs, vs. GENERAL MOTORS, LLC, et al., Defendants. CASE NO.: 19STCV24183 [TENTATIVE] ORDER RE: DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; MOTION TO STRIKE Date: February 20, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant General Motors, LLC (“Moving Defendant”) RESPONDING PARTY: Plaint...

...1793.2; (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission. Moving Defendant filed a demurrer to the seventh cause of action in the FAC. Moving Defendant also filed a motion to strike portions of the FAC. MEET AND CONFER The meet and confer requirement has been met. DEMURRER “A demurrer te...

  • Hearing

    Feb 20, 2020

JERRY JACKSON VS YUP DDUK LA, ET AL.

DEMURRER (CCP § 430.10, et seq.) TENTATIVE RULING: Defendant ALMG Investments, LLC dba YUP DDUK LA’s Demurrer is OVERRULED. ANALYSIS: Background On October 24, 2019, Plaintiff Jerry Jackson (“Plaintiff”) filed an action for damages for violations of civil rights on the basis of discrimination in public accom...

...LLC, Joel L. King, and Jaehwa King (collectively, “Defendants”). On January 9, 2020, Defendant ALMG Investments, LLC dba YUP DDUK LA (“ALMG”) filed the instant Demurrer to Plaintiff’s Complaint (the “Demurrer”). To date, no opposition or reply briefs have been filed. Legal Standard “The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect...

  • Hearing

    Feb 20, 2020

BLACK, ET AL. V. MENICHIELLO, ET AL.

Defendants Martin Menichiello, Anthony Menichiello, and Denmar Consulting, Inc.’s Demurrer to First Amended Complaint Defendants Martin Menichiello, Anthony Menichiello, and Denmar Consulting, Inc. demur to the second, fourth, sixth, and eighth causes of action in Plaintiffs Kenneth Black, ...

...Black, Kathleen Black, BDP Mobil, LLC, and BDP Gonzalez, LLC’s First Amended Complaint (FAC). For the following reasons, Defendants’ demurrer is sustained in part and overruled in part. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, n...

  • Hearing

    Feb 20, 2020

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS TANESHA EDMOND, ET AL.

DEMURRER (CCP § 430.10, et seq.) TENTATIVE RULING: Defendant’s Demurrer is PLACED OFF CALENDAR. ANALYSIS: Background & Discussion On August 22, 2018, Plaintiff YMPK Law Group (“Plaintiff”) filed an action for intentional interference with prospective economic advantage...

...Plaintiff’s Entire Complaint (the “Demurrer”). On October 7, 2019, Plaintiff filed an Opposition and on October 17, 2019, Ameriprise filed a Reply. On October 22, 2019, the Court continued the hearing on the Demurrer because Ameriprise failed to include a meet and confer declaration with its Motion as required by Code of Civil Procedure section 430.41. (10/22/19 Minute Order.) Ameriprise was ordered to meet and co...

  • Hearing

    Feb 20, 2020

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